BUNNILAL CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of common judgment and order dated 5th November, 2003 passed by the High Court of Judicature at Patna in Criminal Appeal No. 465/1999 by which the learned Judges have altered the conviction of Bunnilal Chaudhary (A-1) from Section 302/149 of the Indian Penal Code (for short I.P.C.) to one under Section 302, I.P.C., whereas the conviction and sentence imposed upon Birendra Chaudhary (A-2), Maniraj Chaudhary (A-3) Dashrath Chaudhary (A-4), Magister Chaudhary (A-5), Amarjit Chaudhary (A-8), Naresh Chaudhary (A-9) and Rajdhari Chaudhary (A-10) by the trial court under Section 302/149, I.P.C., is affirmed. By the impugned judgment, Bali Chaudhary (A-6) and Jagdish Chaudhary (A-7) have been acquitted of the charges. All the accused persons were sentenced to imprisonment for life. Both these appeals are taken up and heard together and shall stand disposed of by this common judgment.

(2.) Briefly stated the facts of this case are that on 13.12.94 P.W.-10, Yogendra Raut, at about 9.45 p.m. lodged Fardbeyan (Ex. P-5) in Police Station Sidhwalia stating therein that about 17 days from the said date his relative of Paithanpatti, P.S. Majha, had purchased a she-buffalo from one Sattan Choudhary, belonging to his village, for a sum of Rs.6,800/-. His relative had a sum of Rs.700/- short of the full payment of the price of the she-buffalo, but on his request, the balance amount was to be paid later on. His younger brother brought a sum of Rs. 400/- from his relative. On the day of occurrence, i.e. 13.12.94, at about 7.45 p.m. Maniraj Choudhary (A-3), son of Sattan Choudhary, called Yogendra Raut at his house when he gave a sum of Rs.400/- to Sattan Choudhary and promised to pay the balance amount of Rs. 300/- on the following day. Maniraj Choudhary (A-3) took out a country-made pistol and pointed towards him. He shouted for help, which attracted his family members at the house of Sattan Choudhary. He came to his house along with his family members and later on took their dinner. His father, Brahmdeo Raut (PW-5), and his brother came out of their house and started going to Bathan. As soon as they reached mid-way from Bathan suddenly Bunnilal Chaudhary (A-1), Birendra Chaudhary (A-2), Maniraj Chaudhary (A-3), Dashrath Chaudhary (A-4), Magister Chaudhary (A-5), Bali Choudhary (A-6), Jagdish Chaudhary (A-7), Amarjit Chaudhary (A-8), Naresh Choudhary (A-9) and Rajdhari Chaudhary (A-10) holding a revolver and lathis in their hands came at the scene of occurrence and surrounded them. His younger brother, Shambhu Raut, reached there and all the accused persons chased him upto some distance when Bunnilal Choudhary (A-1) attacked Shambhu Raut with knife at the door of Ambika Ram. The blow was given on the left side of the chest. On seeing the incident, his father, Brahmdeo Raut (P.W.-5), came running to the house of Ambika Ram. His father was given knife blow on his head by Magister Chaudhary (A-5). On hearing their noise, many village people gathered at the scene of occurrence and on seeing them, all the accused persons fled away. His brother, Shambhu Raut, being seriously injured fell down at the door of Ambika Ram and blood was oozing out of the injury sustained by him. Shambhu Raut who was injured was put on a cot and taken to Sidhwalia Hospital for medical treatment where the Doctor had declared him dead. He took the dead- body of Shambhu Raut to the Police Station. On these premises, the Police recorded his statement (Ex. P-5).

(3.) On the basis of fardbeyan (Ex. P-5) P.S. Case No. 302/94 (Ex. P-4) came to be registered against all the ten accused persons under Sections 147, 148, 149, 324, 307 and 302 of the IPC. On completion of the investigation, charge-sheet against all the accused persons for the said offences was laid before the learned Chief Judicial Magistrate, Gopalganj, who committed the trial of the case to the Court of Session. The Sessions Judge transferred the case record to the Additional District and Sessions Judge, IV, Gopalganj, for trial.